CH. IJAZ AHMAD, J.- The learned Sessions Judge. Multan vide judgment dated 15.5.1994 has convicted and sentenced the appellant for the murder of Iqbal deceased and causing injuries to PW Mst. Nasreen Akhtar (PW-7) as follows:-
(1) Muhammad Riaz s/o Ahmad Hassan. Aged 20 years u S. 302 (C of PPC) 3 years.
(2) U/S. 337-F (i) PPC. 6 months' R.I. Sentence with benefit of Section 382-B of Cr.P.C, and the sentences shall run concurrently.
The complainant has filed Criminal Revision No. 123 of 1994 for the enhancement of the sentence.
The occurrence took place on 27.6.1993 at 7.15 p.m. In the vicinity of Water Works, Dewan Da Bash.
Multan city at a distance of 1-1/2 Kilometer from Police Station Gulgasht. Multan. Ghulam Abbas PW-10, real brother of the deceased Muhammad Iqbal reported to Muhammad Akram, SI SHO PW- 11 on the basis of which FIR Ex.PJ was recorded by him.
2. In the FIR. The occurrence is reported to base taken place allegedly in the following manners as per statement of PW-10 Ghulam Abbas.
In the year 1987, deceased Muhammad Iqbal and Mst. Nasreen Akhtar performed marriage according to their wishes, which annoyed them and also the parents of Mst. Nasreen Akhtar. After marriage. Muhammad Iqbal alongwith his wife Mst. Nasreen Akhtar had been living at different places. Last of all. To y ears prior to the occurrence while Changing his name, he settled in village Saley Mahey. Out of Iqbal deceased. Mst. Nasreen gave birth to two daughters namely Mst. Shaista aged 4 years and Mst. Zarmina aged one year who are alive. Few days prior to the occurrence, there was a dialogue over compromise in between the parties. Arain family imposed a condition that first of all, they should see the girl. So Ghulam Abbas, his brother Ghulam Sarwar and Riaz (accused) to see Mst. Nasreen Akhtar went to the house of Muhammad Hussain. Dispenser situated in Dewan Da Bagh where Muhammad Iqbal and Mst. Nasreen Akhtar had been staying for the treatment of their daughter. When they arrived in the house. Iqbal deceased was busy in Maghrib prayer while Mst. Nasreen Akhtar was cutting vegetable. In the meantime. Riaz accused brought out a 30-bore pistol from his A lacerated wound of entry 1-1/2 cm x 1-1/2 on the outer aspect of left chest (opposite and close to exit wound) 10 cm below and outer to left nipple.
2. A lacerated wound of fire-arm entry 2-1/2 cm x 1-1/2 cm (obliquely) with ? Blackened inverted edges just below and medial pan of left clavicle.
3. A lacerated wound of entry 1-1/2 Cm x 1-1/2 cm on the back of the left side of neck 2cm below the mestiod region.
4. Lacerated wound of entry 1cm x 3/4 cm with blackened inverted edges on the left side of face just below the lower border of mandible.
5. A lacerated wound of fire-arm exit 2-1/2 cm x 1-1/2 ; cm on the left side of face at the middle of line joining from the angle of mouth to ear.
6. Lacerated wound of exit 1-1/2 ; cm x 1cm on the back of right chest 5 cm from the post auxiliary pit.
7. A lacerated wound of fire-arm funner shape 4 cm x 3/4 cm on the palmer aspect of right index finger at middle on proximal pharynx oblique in direction.
4. Dr. Afzar Shabhir PW-8 conducted medical examination of Mst. Nasreen Akhtar, widow of Muhammad Iqbal deceased, aged 25 years and found the following injuries.
1-A. Circular wound. 3 cm on left lateral aspect of the neck 6 cm above the middle of clavica 2.5 cm x lateral to the angle of Jaw. Depth not probed, margin inverted with slight blackening, oozing of blood present, possibly wound of entry.
1- B. Another wound on the back of the root of the neck 4.5 cm to the right of servical spine. 0.7 cm oval in shape marginal evened possibly wound of exit. Two circular wounds on right thigh labled as A B.
2- A. 0.3 cm in diameter circular in shape, depth not probed, on outer and upper aspect of the right knee joint. Margins inverted oozing of blood present possibly wound of entry'.
2-B. Circular 0.3 cm in diameter on lower and outer aspect of the thigh. Margins are evened.
5. The blood-stained earth was taken into possession vide memo. Ex.PE from the. Spot on 28.6.1993 which was attested by Muhammad Akram. SI PW11. Abid Husaain PW-5. P4 1-6 empties and 3 pieces of lead pallets Ex. P5 1-3 were also recovered from the spot on the same day and the attesting witnesses are the same. The respondent was arrested on 6.7.1993 by Muhammad Akram.
SI SHO PW11. On his search, pistol 30-bore w as, recovered (Ex.P6). Alongwith magazine having empties Ex.P7 vide memo. Ex.PM which was attested by Muhammad Akram PW-11. Muhammad Ramzan and Allah Bukhsh were given up. The prosecution produced to eye-witnesses namely Ghulam Abbas (PW-10). Brother of the deceased and PW-7 Mst. Nasreen. Widow of the accused to depose the ocular account while the appellant u S. 342 Cr.P.C, controverted the allegations and pleaded themselves absolutely innocent in the matter as per statement of respondent as follows.
Iqbal deceased abducted my sister Mst. Nasreen Akhtar who was already married to Amanul Haq and thereafter, she forged pre-dated Nikahnama with Iqbal deceased for which the case was registered in which alongwith others. Iqbal and PW Mst. Nasreen Akhtar were accused, which is still pending before learned Sessions Judge at Khanewal. She had also filed a suit lor jactitation of marriage against Amanul Haq asserting that she was legally wedded wife of Iqbal deceased but the same was dismissed by learned Family Judge at Shujabad vide. Judgment dated 31.7.1990.
Certified copy of which is Ex.DB. Her appeal also failed before learned ADJ vide judgment dated 26.2.1992. The certified copy whereof is Ex.DC. Mst. Shaista was bom out of the wedlock of Aman-ul- Haq with Mst. Nasreen Akhtar PW while the younger daughter is from Iqbal deceased.
Since her elopement and abduction by the deceased, both of them left the village and their whereabouts were unknown and since the abduction, f myself and my family were leading in the life of insult, humiliation and intamy It was just a chance that I on the day of occurrence saw Iqbal in the street hear Dewan Da Bagh. I followed him and when I entered the house. I saw my sister there. On seeing me. Iqbal deceased took out a pistol from his pocket, which I snatached and fired at both of them under grave and sudden provocations. I had committed the murder of Iqbal and injured Nasreen due to "ghairat". Then I myself appeared before the police and told the entire story.
Complainant was summoned from his village and then the entire false story was concocted by the police at the instance of Rana Shaukat Hayat Noon, who was supporting the complainant party.
6. The learned counsel appearing on behalf of the petitioner, argued as follows:
(1) The FIR was recorded promptly.
(2) The eye-witnesses Mst. Nasreen Akhtar PW7 is the real sister of the respondent and injured therefore, her presence at the spot cannot be doubted and being a sister qua the respondent cannot be ignored.
(3) Motive alleged by the prosecution duly established on the record. The ocular account duly corroborated with medical evidence and recovery evidence.
(4) Statement of respondent should be accepted as a whole even then the respondent was responsible of the murder of the deceased and injured her sister Mst. Nasreen.
7. The learned counsel for the respondent supported the judgment of the learned Sessions Judge on each and even point. He argued that the prosecution failed to establish the motive and PW-10 Ghulam Abbas was not present at the spot, recovery of rifle in the given circumstances could not provide any independent corroboration and medical evidence also could not identify' the assailant.
8. I have given my anxious consideration to the contentions of the learned counsel and perused the record with the assistance of the learned counsels of the parties. The learned Sessions Judge's finding regarding the motive was duly established on the basis of the evidence on record, it is admitted fact that deceased established illicit relations with Mst. Nasreen. Sister of respondent who happened to see them together, therefore, it is a natural phenomena which created a provocation to take serious action which he did. Therefore, it is not a murder and premeditation. The occurrence took place on a sudden provocation. The statement of Mst. Nasreen also did not inspire confidence as her statement is full of contradiction and improvements. It is also admitted fact that Mst.
Nasreen PW-7 established illicit relations with the deceased without the permission of the parents, therefore, she is interested inimical, therefore, sentence cannot be enhanced of the respondent without independent corroboration of the statement of Mst. Nasreen. In such circumstances, there are to versions of the same incident than the statement of the respondent is rightly believed by the learned Session Judge, as is held by the Supreme Court of Pakistan (PLD 1991 Supreme Court 520).
8. Since the respondent has already been released after completing the sentence awarded to him.
9. As a result of the above discussion, keeping in view the irrefutable realities established by the statement of the witnesses that prosecution miserably failed to prove case against the respondent and the respondent has already been released after completing the sentence and the incident took place on account of family honour, this revision petition is dismissed.